Police may only enter your home without a warrant if you give them consent to enter or when they have probable cause to believe a crime has been committed and exigent circumstances exist.The Fourth Amendment protects all citizens against unreasonable searches by the government of "persons, houses, papers and effects." The presence of exigent circumstances can justify a warrantless entry of your home only when police are in hot pursuit, or there is danger to human life [...]

In order for a person to be charged with the crime of conspiracy to sell marijuana in Minnesota, the state must be able to establish probable cause to believe that there was (1) an agreement between two or more people to sell marijuana to a third person; and (2) an overt act in furtherance of the conspiracy. Let's say for example Mr. Jones is a drug dealer who receives a call from Mr. Smith who wants to [...]

If you have been convicted of a crime of violence, Minnesota law prohibits you from shipping, transporting, possessing, or receiving a firearm. This law has a devastating effect on the rights of all Minnesota hunters who have made a mistake at some point in their past but have since become law abiding citizens. A crime of violence includes felony convictions for offenses such as murder, kidnapping, assault, and criminal sexual conduct. A person who violates the statute [...]

It's a crime in Minnesota for a person convicted of a felony to possess a firearm. See Minn. Stat. Sec. 624.713. Before the state can obtain a conviction, it will need to prove the defendant is a person who is ineligible to possess a firearm. An experienced criminal defense attorney will advise his client to stipulate to this fact in order keep the jury from learning about the defendant's negative past. Secondly, the state must prove that [...]

The scope of a police investigation must be limited to the original purpose for the traffic stop. If you were stopped for a burned out tail light or for speeding, the scope of the police investigation must be limited to the original purpose for the stop. The officer can only ask you related questions such as, "How fast were you driving?" or "Did you know your tail light was burned out?" That's it. The scope of the [...]

In order  to assert an entrapment defense in a controlled buy case, a defendant must show by a fair preponderance of the evidence that the government induced the commission of the crime. Inducement by the government requires more than  merely providing a person with an opportunity to sell drugs. Soliciting a person to commit a crime in not government entrapment. Inducement by the government to commit a crime can be proven by presenting evidence at trial that the government persuaded, badgered, [...]

If you are charged with a theft offense in Minnesota, your case may be eligible for a diversion program. A diversion is a treatment program available to theft offenders and is an alternative to a conviction. The program requires you to participa...

In a recent Minneapolis narcotics investigation,  officers used a cell phone locator tool to track a drug dealer to his residence. A confidential informant provided police officers with information that a suspect known as "Dennis" was dealing larg...

A defendant in a Minnesota criminal case has no absolute right to withdraw a guilty plea. The  Minnesota Rules of Criminal Procedure  allow for the withdrawal of a guilty plea in two different situations. In the first,  a judge may ...

Does your package fit the drug package profile? If so, there may be reasonable, articulable suspicion for the police to conduct a narcotics dog sniff. If the dog alerts to your package, probable cause will be established for the issuance of a search warrant. The United States Constitution and the Minnesota Constitution protect all citizens with the fundamental right to be “secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” Minn. Const. art. [...]

When can I use force to defend myself against a home invasion? Under Minnesota law, you are allowed to use a reasonable amount of force to defend yourself from an assault. The law allows the use force in self-defense during a home invasion when (1) you have not been aggressive toward or provoked the other person; (2) you have an honest belief that you are about to die or suffer great bodily harm; and (3) you must [...]

Yes, any person who is newly admitted as an inmate to a jail facility in Minnesota has a right to make either a local or collect long-distance phone call. The right to make a phone call from jail allows you to contact either a family member or a sig...

The Minnesota  firearm-enhancement statute applies to convictions for certain types of criminal offenses where a person had in possession or used a firearm at the time of the offense. The firearm-enhancement statute   requires  a person to  serve a minimum term of imprisonment of not less than 3 years.  The statute applies to   the following criminal offenses: (1) murder; (2) assault; (3) burglary; (4) kidnapping; (5) false imprisonment; (6) manslaughter; (7) robbery; (8) criminal sexual conduct; and (9) controlled substance [...]

Police are required to have a "reasonable, articulable suspicion" of drug-related activity before they will be allowed to walk a trained narcotics-detection dog down the hallway  of your apartment building. The Minnesota Constitution protects&nbsp...